the assistant city manager tells me it's premature for the city to take any action right now. it sounds like they are hoping he won't rebe he re-elected on november 6. >> someone who has been convicted of a crime is not a good role model and shouldn't serve. >> reporter: state law prohibits convicted felons from holding public office. but clayton city officials say any action will have to wait. in clayton, cbs 5. >> medrano plans to appeal his conviction. he faces a maximum 4 years in prison sentencing scheduled for december 12. >>> campaign 2012 is all about the spin one day after the debate between vice- presidential candidates. surveyusa says joe biden edged out paul ryan 48-41%. 10% said no clear winner. compared to the national poll conducted by cbs news, it shows a much wider margin for mr. biden. 50% to ryan's 31%. 19% called it a tie. >>> both candidates touched on similar themes from last night's debate and the white house tried to clear up comments by vice president joe biden. danielle nottingham with that story. >> reporter: vice president joe biden continues to pla